зеркало из https://github.com/github/dmca.git
95 строки
4.0 KiB
Markdown
95 строки
4.0 KiB
Markdown
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*Re-Sent via Email *
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GitHub, Inc
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Attn: DMCA Agent
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88 Colin P Kelly Jr St.
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San Francisco, CA 94107
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copyright@github.com
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March 1, 2017
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*Re: Third Cease and Desist Notice*
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We write on behalf of The Pokémon Company International, Inc. (“Pokémon”),
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which together with its partners and affiliates, including Niantic, Inc.,
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makes available the wildly popular Pokémon GO mobile application game.
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Pokémon has recently gathered evidence that the PokiiMap app (the
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“Infringing App”), which incorporates Pokémon’s intellectual property
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without authorization, is located at https://github.com/kiideveloper/pokiimap.
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On February 10, 2017, we contacted the GitHub user associated with this
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page, KiiDeveloper, through the email GitHub provided:
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[private]. In that letter, we explained that
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KiiDeveloper must cease and desist using Pokémon’s intellectual property in
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and to advertise the Infringing App. But the user has not replied.
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This letter is official notification under Section 512(c) of the Digital
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Millennium Copyright Act (”DMCA”), through which Pokémon seeks the removal
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of the aforementioned infringing material from your servers. We have read
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and understand GitHub's Guide to Filing a DMCA Notice and request that you
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immediately notify the infringer of this notice and inform them of their
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duty to remove the infringing material immediately, and notify them to
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cease any further posting of infringing material to your server in the
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future.
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*INFRINGEMENT OF POKÉMON INTELLECTUAL PROPERTY *
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Pokémon has expended considerable time, energy, and money to develop iconic
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characters like Pikachu. To protect its investment and the world-famous
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Pokémon franchise, Pokémon owns numerous copyright registrations for
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characters and other Pokémon related images (see generally
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http://www.pokemon.com/us/).
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The Infringing App reproduces and displays some of these copyrighted
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images, including but not limited to the following Pokémon:
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- Eevee (U.S. Copyright Registration Nos. VA0001917286, VA0001937061,
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VA0001917164, VA0001943675, VA0001943678, VA0001937061, VA0001964287)
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- Nidoran (U.S. Copyright Registration Nos. VA000175786, VA0001757855,
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VA0001945469, VA0001945473, VA0001990714)
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- Pidgey (U.S. Copyright Registration Nos. VA0001964995, VA0001757852)
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- Weedle (U.S. Copyright Registration No. VA0001933743, VA0001937692,
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VA0001945492, VA0001991375)
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The infringement is shown in the following screenshot captured from the
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website as of February 10, 2017:
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We have a good faith belief that the use of Pokémon copyrighted works has
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not been licensed or otherwise authorized by Pokémon and constitutes
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copyright infringement under the Copyright Act, 17 U.S.C. § 101 et seq. I
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have taken fair use into consideration.
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Based on the foregoing, Pokémon demands that all infringing content be
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immediately removed and/or access to that content be permanently disabled,
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including:
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- Screenshots from the Infringing App containing Pokémon copyrighted
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work;
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- The following repository files:
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- README.md
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- Pokeball.png
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- Screen1.png
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- The "app" folder
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- The hosted files available at: <https://github.com/kiideveloper/pokiimap/releases/tag/2.4.0>, including
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- pokiimap-2.4.0-full.apk
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- Source code (zip)
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- Source code (tar.gz)
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I swear, under penalty of perjury, that the information in this
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notification is accurate and that I am authorized to act on behalf of
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Pokémon, the indisputable owner of all right, title and interest, including
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copyrights, in the world famous Pokémon franchise.
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This letter is not intended to provide a complete statement of the facts or
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law applicable to the infringements and violations described herein, and
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Pokémon expressly reserves all of its rights, claims, causes of action and
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remedies with regard to this matter. You are also reminded of your legal
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obligation to preserve and prevent the destruction of any and all
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documents, data, and other evidence in your possession, custody or control
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related to your activities.
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Sincerely,
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Focal PLLC
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[private]
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